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Showing results for LSCR volume 27 LSCR issue 6
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PROPERTY

1.Court dismisses trespass claim in case involving construction of replacement salt brine pipeline.
W&T Offshore, LLC v. Texas Brine Corp., 2018-C-0950 (La. 06/26/19) [29 pp.]
From LSCR Volume 27, Issue 6
     In 1979 Texas Brine entered into a lease with the predecessors of W&T Offshore, LLC, to utilize land in Lafourche Parish (the Brown property) for conduct... view full summary
STATE AND LOCAL GOVERNMENT

2.Physical Therapy Board's decision was valid despite vacancy on Board.
Kevin Bias v. Louisiana Physical Therapy Board, 2018-C-2042 (La. 06/26/19) [8 pp.]
From LSCR Volume 27, Issue 6
     The Louisiana Physical Therapy Board was established under La. R.S. Section 37:2403. The statute requires that the Board be made up of seven members appointed by the go... view full summary
CRIMINAL

3.Case remanded for proper analysis of motion to suppress identification.
State v. Will Newsome and Aaron Henderson, 2019-KK-0429 (La. 05/28/19) [4 pp.]
From LSCR Volume 27, Issue 6
     Police pursued a car that they believed was involved in an armed robbery. After a high-speed chase, the car was abandoned, and police found defendants nearby. Officers det... view full summary
4.Post-conviction claims remanded to district court for complete ruling, including factual findings.
State v. Jack Cuccia, 2018-KP-1726 (La. 05/28/19) [2 pp.]
From LSCR Volume 27, Issue 6
     Defendant was convicted of manslaughter in Orleans Parish in 2004. He was adjudicated a third felony offender and sentenced to 30 years in prison. The Fourth C... view full summary
5.District court erred in transferring jury selection venue back to original parish.
State v. Grover Cannon, 2019-KD-0838 (La. 06/07/19) [5 pp.]
From LSCR Volume 27, Issue 6
     Defendant was charged with the murder of a police officer in Caddo Parish, and the district court transferred venue to East Baton Rouge Parish for a jury to be... view full summary
6.Habitual offender sentence for obscenity was unconstitutionally excessive.
State v. Glenn Thompkins, 2018-K-2104 (La. 06/17/19) [8 pp.]
From LSCR Volume 27, Issue 6
     As an inmate awaiting trial in another matter, defendant masturbated in front of a female corrections officer as she conducted a nightly security check. As a re... view full summary
7.Court clarifies causation requirement in vehicular homicide cases.
State v. David Leger, 2017-K-2084 (La. 06/26/19) [18 pp.]
From LSCR Volume 27, Issue 6
     At about 8:30 p.m. on March 13, 2011, Kelsye Hall was driving alone in her green Mercedes SUV westbound on I-10 in the Prairieville area. Defendant was driving his whit... view full summary
8.On remand from SCOTUS, first degree murder conviction and death sentence for "Angola Five" inmate affirmed again.
State v. Jeffrey Clark, 2012-KA-0508 (La. 06/26/19) [12 pp.]
From LSCR Volume 27, Issue 6
     In December 1999 defendant and fellow inmates at the Louisiana State Penitentiary in Angola were part of a botched plan to escape. Captain David N. Knapps, who... view full summary
9.Court reverses grant of new trial on habeas application, rejecting ineffective assistance claim.
State v. Darrell Toubya Thomas, 2017-KP-0649 (La. 06/26/2019) [8 pp.]
From LSCR Volume 27, Issue 6
     Traavis and Stephan Harris both unequivocally identified defendant, whom they had known since childhood, as the person who exited a black SUV and began firing at them o... view full summary
10.Evidence sufficient to support conviction for methamphetamine possession despite discrepancy in weight of substance.
State v. Brian Michael Hughes, 2018-K-0006 (La. 06/26/19) [4 pp.]
From LSCR Volume 27, Issue 6
     Defendant was arrested in the parking lot of Grant Junior High School, and a search incident to arrest revealed a plastic bag in his pocket containing a subs... view full summary
11.Court remands for second evidentiary hearing on suppressing contents of cell phone.
State v. Kelly Folse, 2018-KK-1518 (La. 06/26/19) [10 pp.]
From LSCR Volume 27, Issue 6
     Defendant, a veterinarian, was alleged to have shot her neighbor's dog in Jefferson Parish. She was charged with aggravated cruelty to animals and illegal use of a weapon. S... view full summary
BAR / DISCIPLINARY / ETHICS

12.Neither judges nor law clerk entitled to absolute judicial immunity in suit alleging mishandling of documents.
Stanley R. Palowsky, III v. Allyson Campbell, 2018-C-1105 (La. 06/26/19) [28 pp.]
From LSCR Volume 27, Issue 6

          Plaintiffs filed suit against a law clerk employed by the Fourth Judicial District Court as well as certain judges of the court. Plainti... view full summary
TORTS

13.Plaintiff entitled to JNOV in claim against DOTD for ice on bridge.
Sherry Boothe v. Louisiana Department of Transportation and Development, 2018-C-1746 (La. 06/26/19) [15 pp.]
From LSCR Volume 27, Issue 6

          In December 2008 it snowed in the Baton Rouge area. The morning after the snowstorm, plaintiff was crossing the Comite River Bridge afte... view full summary
CIVIL PROCEDURE

14.Court reverses grant of new trial although jurors discussed case prior to deliberations.
Terry Gotch v. Scooby's ASAP Towing LLC, 2019-C-0030 (La. 06/26/19) [15 pp.]
From LSCR Volume 27, Issue 6

          Plaintiff was a passenger in a car driven by Alydia Menard when Ms. Menard swerved to avoid a vehicle that Joseph Derousselle was backin... view full summary